NB Gambling Harm Management Strategy 2018€¦ · Gambling Minimisation Programs ... A range of...

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Northern Beaches Council Gambling and Poker Machine (EGMs) Harm Management Strategy 2018-2023

Transcript of NB Gambling Harm Management Strategy 2018€¦ · Gambling Minimisation Programs ... A range of...

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Northern Beaches Council

Gambling and Poker Machine (EGMs)

Harm Management Strategy

2018-2023

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Contents

1. Executive Summary ....................................................................................................................... 2

2. Background.................................................................................................................................... 4

2.1. Purpose ................................................................................................................................. 4

2.2. Scope ..................................................................................................................................... 4

2.3. Gambling Minimisation Programs ......................................................................................... 6

3. Research and Data ........................................................................................................................ 7

3.1. Electronic Gaming Machines in the Northern Beaches ........................................................ 8

3.2. Gambling Harms .................................................................................................................. 10

4. Gambling and Poker Machine (EGMs) Harm Management Strategy ......................................... 14

4.1. Advocacy and Lobbying ....................................................................................................... 14

4.2. Local Impact Assessments ................................................................................................... 15

4.3. Community Education ......................................................................................................... 16

4.4. ClubGrants ........................................................................................................................... 16

4.5. Community Leadership ....................................................................................................... 17

5. Appendices .................................................................................................................................. 18

5.1. Appendix 1 - Australian Government Productivity Commission Report 2010 .................... 18

5.2. Appendix 2 - NSW Select Committee on the Impact of Gambling 2014 ............................. 19

6. References ................................................................................................................................... 22

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Northern Beaches Council

Gambling and Poker Machine (EGMs)

Harm Management Strategy

2018-2023

1. Executive Summary

Gambling is an enjoyable and legal pastime for many Australians, and while the majority

participate with minimal problems a proportion of individuals, and their community,

experience significant harms associated with their gambling. The most pervasive of these

gambling methods is Electronic Gambling Machines (EGMs, Poker Machines, Pokies).

There are ample studies and data available outlining the prevalence of EGMs, their

associated harms and proposed solutions, much of it instigated by the Federal or NSW

Government, in particular the 2010 Australian Government Productivity Commission Report

on Gambling and the NSW Government 2014 Upper House Select Committee Inquiry on

the Impact of Gambling.

Section 209(3) of the NSW Gaming Machines Act 2001 limits Council’s ability to directly

affect the numbers of EGMs in an area as it effectively prevents gambling from being

considered in social and economic assessments when carrying out approvals. Restriction

or reference to gambling cannot be included in local environment plans, planning proposals

or planning schemes. Most importantly, Council cannot place conditions of consent on

developments that prohibit or restrict electronic gambling machines. An exception to this

may be on Council controlled land where lease condition may be applied, but this may

possibly be contested in the courts.

A range of strategies are presented which go some way to educate and regulate, within

Council’s powers, EGMs harms. However, the most effective way to have a longer term,

ongoing impact on EGMs harms is to lobby State Government to place further restrictions

and controls in place. Recommended actions for Council implementation are:

1. That Council continue to lobby State and Federal Ministers to minimise EGM and other gambling harms.

2. That Local Government NSW be approached to lead research and lobbying efforts to minimise the number and associated community harms of EGMs in NSW. This should consider;

a) The NSW Government fully implement the recommendations of the 2010 Australian Government Productivity Commission Report on Gambling.

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b) The NSW Government fully implement the recommendations of the 2014 Upper House Select Committee Inquiry on the Impact of Gambling.

c) The State Government provide comprehensive, venue based,

monthly data on EGMs usage and losses on the Department of Liquor and Gaming NSW website, free of charge, as it is in Victoria.

3. Council considers each request for increased EGMs coming via Liquor and Gaming

NSW through a Local Impact Assessment on its merits, including the potential individual and community harms it may cause.

4. Council provides community information on the harms of gambling and services available to those effected.

5. That Council continue as a key member of the Northern Beaches ClubGrants Committee, working with local Clubs to ensure fair and equitable distribution of funds to a range of community organisations.

6. Council explore the option to ban the future advertising of gambling on its buildings and properties and in any form of sponsorship. This does not include general promotions for clubs, ClubGrants and hotels, or their other services and activities.

7. Council assess the potential harms from gambling when applying or renewing leases on Council property, and where suitable implement appropriate clauses to the lease to restrict EGMs.

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2. Background

Gambling is an enjoyable pursuit for many Australians as an individual freedom, with the

vast majority of people participating with minimal harm. However, it is also apparent that a

small proportion of the community have significant problems with gambling and that the

impact of these problems can extend beyond the individual to their family and community.

Recent research has also shown that a percentage of people who problem gamble are at

increased risk of self-harm.

In NSW Electronic Gaming Machines (EGMs, Poker Machines, Pokies) are controlled by

the State Government through the Department of Liquor and Gaming NSW, not by local

government. This limits the direct influence local Councils have on the number of EGMs

and their associated harms in the community. Councils have become increasingly aware of

community concern about the detrimental impact on some members of the community from

EGMs. Even though it is predominantly an issue for Federal and State Governments, local

councils play an important role in reporting, planning, advocacy, education and research

regarding the impact of poker machine gambling and other types of gambling. There are

strategies and actions Council can employ to assist in minimising the negative impact of

EGM in the community.

These strategies should aim to preserve the benefits and individual rights to use poker

machines, whilst at the same time employing measures to reduce the impact of harm

experienced by gambling, especially problem gamblers.

2.1. Purpose

The purpose of this strategy is to guide Council on how to minimise the harms associated

with poker machine gambling in the Northern Beaches. For the purposes of clarity,

consistency and brevity, poker machines will be referred to as EGMs.

2.2. Scope

This strategy recognises that there are a range of legal gambling opportunities available to

the community including EGMs, Club Keno, casino table games, lotteries, wagering (racing

or sports betting) and online gambling. This strategy is focused on EGM gambling as

current research suggests this causes the greatest harm in our communities. This strategy

also recognises the limited role local councils can play in the regulation of EGMs, and

acknowledges the powers of the state and federal governments to create the most effective

policy frameworks to address this complex issue.

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The scope of the strategy is influenced by the Gaming Machines Act 2001 (with Gaming

Machines Amendment Act 2008). The Gaming Machines Act provides for the regulation,

control and management of gaming machines in hotels and clubs and for related purposes.

The Act amends the Liquor Act 1982, the Registered Clubs Act 1976, the Casino Control

Act 1992 and certain other Acts with respect to gaming machines and other matters; and for

other purposes.

Section 209(3) of the NSW Gaming Machines Act 2001 provides:

A consent authority (within the meaning of the Environmental Planning and

Assessment Act 1979) cannot:

(a) as a condition of any development consent under that Act, prohibit or otherwise

regulate or restrict the installation, keeping or operation of approved gaming

machines in a hotel or on the premises of a club or any other premises, or

(b) refuse to grant any such development consent to a hotel or club for any reason

that relates to the installation, keeping or operation of approved gaming

machines in a hotel or on the premises of a club.

This effectively prevents gambling from being considered in social and economic

assessments undertaken according to the Environmental Planning & Assessment Act 1979

as part of the determination of applications for development. Restriction or reference to

gambling cannot be included in local environment plans, planning proposals or planning

schemes. Most importantly, Council cannot place conditions of consent on developments

that prohibit or restrict electronic gambling machines. While Local Government assesses

the social and economic impacts of most development, Council is prevented from refusing

or limiting development on the basis of EGMs. Local Government, therefore, does not have

any jurisdiction in relation to gambling and is therefore restricted in its capacity to limit any

local harm to the community.

The exception to this may be for organisations located, or wanting to locate, on Council

owned property via a lease. Council has a number of mechanisms at its disposal on its own

sites, which include lease conditions which restrict EGMs. Placing these lease conditions

on Council owned land may also be tested in the courts in the future.

However, Council would need to take into consideration the commercial implications of

placing these restrictions on EGMs on potential lessees / licensees, as for some it is a key

revenue stream and may endanger the clubs financial viability and subsequently their other

community, social and sporting functions.

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2.3. Gambling Minimisation Programs

The Department of Liquor and Gaming NSW employs a range of programs to minimise

gambling harms through the Office of Responsible Gambling. This department develops

and implements programs and initiatives, funded by the Responsible Gambling Fund

(RGF), as part of a strategic approach that supports responsible gambling and prevents

and minimises the risk of gambling related harm in the community. The RGF is funded by a

levy on the Star Casino, and allocates around $18 million a year for these initiatives.

The Office supports the Responsible Gambling Fund Trust to ensure funding

recommendations to the Minister are consistent with the objectives of the fund and

associated governance documents. Broad areas for funding include:

• A comprehensive research agenda to provide thought leadership and better inform

the development of responsible gambling policy

• Community education to support well informed gambling choices, responsible

gambling behaviours and resilient communities as well as de-stigmatising help

seeking behaviour

• Intervention through provision of support and counselling services, including early

access through increased online and self-help tools

• Supporting Liquor & Gaming NSW policy development and regulatory oversight and

enforcement of responsible gambling obligations and practices.

The Department of Liquor and Gaming also oversee and enforce onsite minimisation

strategies and regulations, such as;

• Gambling-related signage

• Player information brochures

• Self-exclusion schemes

• Displaying clocks

• Gaming machine advertising

• Locating gaming machines and jackpot displays

• Cheques and cash-dispensing facilities

• Player reward schemes and promotional prizes

• Gambling inducements

• Responsible Conduct of Gambling Training (RCG)

• Investigate any possible misconduct, mismanagement of funds and assets

• Investigating complaints and breaches.

The NSW Government funds initiatives to promote greater awareness of problem gambling

and available services for problem gamblers. These include the Responsible Gambling

Fund, gambling treatment programs, Gambling Helpline, and gambling research. All Clubs

and hotels in NSW must have an arrangement with a service provider that offers problem-

gambling counselling for their members or patrons. On the Northern Beaches these are

mainly provided through the Northern Sydney Local Health District.

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There are also a range of other gambling help services on the northern beaches, such as

Lifeline, Gamblers Anonymous, Uniting Recovery Counselling, Relationships Australia and

various private counselling and treatment services.

The Department of Liquor and Gaming can provide a range of advertising material

promoting EGM harm minimisation information, such as posters and pamphlets (in several

languages), at a small cost.

An emerging trend in gambling, which may come to rival EGMs in the future, particularly

amongst younger people, is the rise of online gambling. This is problematic to regulate and

is available to anyone, anytime, anywhere with a mobile device. It is also extensively

promoted and advertised and covers a wide range of sports, not just traditional horse

racing, greyhounds etc. all of which makes it particularly appealing to younger people.

3. Research and Data

Australia is unique with respects to EGM gambling. Since the proliferation of poker

machines in the early 1990s, councils have become increasingly aware of community

concern about the detrimental impact on some members of the community. Even though it

is predominantly an issue for Federal and State Governments, local councils play an

important role in reporting, planning, advocacy, education and research regarding the

impact of poker machine gambling and other types of gambling, on their community.

Australia has more poker machines per person than any country in the world, excluding

casino-tourism destinations like Macau and Monaco. It has nearly 200,000 machines – one

for every 114 people. All States and Territories in Australia have EGMs available at

licensed venues with the exception of Western Australia (casino only) and the ACT.

Current annual losses on EGMs in pubs and clubs for Australia amount to $633 per adult.

Losses in NSW are highest at $978 per adult. As of 30 June 2017, NSW has 92,803 of the

198,150 EGMs in Australia (with a cap of 99,000 and 1,500 for casinos). In 2015-16, the

total gambling expenditure in NSW was $9.42 billion.

The following table shows the total gambling expenditure (in the millions) amongst the

states and territories of Australia from 1975-2016.

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Table 1. Total gambling expenditure (in the millions) amongst the states and territories of

Australia from 1975-2016.

3.1. Electronic Gaming Machines in the Northern Beaches

There are 2,228 EGMs in the Northern Beaches. Northern Beaches LGA is ranked 11 of

130 local councils in NSW for total number of EGMs, however is also one of the biggest

LGA’s. These machines are located across 46 licensed venues with 1,816 machines in

local clubs, from 2,190 entitlements, and 412 machines in local hotels, from 412

entitlements.

Table 2. Comparison of total EGMs in surrounding and comparable LGA’s.

0.00

1000.00

2000.00

3000.00

4000.00

5000.00

6000.00

7000.00

8000.00

9000.00

10000.00

19

75

–7

6

19

77

–7

8

19

79

–8

0

19

81

–8

2

19

83

–8

4

19

85

–8

6

19

87

–8

8

19

89

–9

0

19

91

–9

2

19

93

–9

4

19

95

–9

6

19

97

–9

8

19

99

–0

0

20

01

–0

2

20

03

–0

4

20

05

–0

6

20

07

–0

8

20

09

–1

0

20

11

–1

2

20

13

-14

20

15

-16

NSW

VIC

QLD

NT

WA

SA

TAS

ACT

0

500

1000

1500

2000

2500

Total EGMs

Kuringai

Mosman

Willoughby

Sutherland

Northern Beaches

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Table 3. Comparison of EGMs per 1000 persons in surrounding and comparable LGA’s.

Northern Beaches LGA has approximately 8.37 EGMs per 1000 people, which is below the

State average of 12.4 EGMs per 1000 people. Taking population into account the Northern

Beaches is ranked 104 of 130 for the total amount of EGM entitlements.

In 2016-17, the total net profit of EGMs in the Northern Beaches was $135,553,600.16.

Northern Beaches Council ranked 15 of the 130 NSW councils for EGM daily losses of

$370,365.03. The following table shows the daily losses for each of these local councils.

Table 4. Comparison of EGM losses per persons in surrounding and comparable LGA’s.

0

2

4

6

8

10

12

14

EGMs per 1000 persons

Kuringai

Mosman

Northern Beaches

Willoughby

Sutherland

State average

0

200

400

600

800

1000

Annual losses per person ($)

Kuringai

Mosman

Northern Beaches

Sutherland

Willoughby

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Taking population into account the Northern Beaches ranked 67 of 130 councils for EGM

annual profit to population with annual losses of $511.47 per person. For the purposes of

requesting community comment through a Local Impact Statement when introducing new

EGMs into an area, LGA’s are classified into Bands using criteria such as existing gaming

machine density, gaming machine expenditure and SEIFA Score (Social Economic Indexes

for Area). Northern Beaches Council is classified as a Band 1 LGA, which is the lowest risk

criteria. Recently (April 2018) new regulations were enacted which did not classify the

whole LGA, but assessed Statistical Area Level 2 (per Australian Bureau of Statistics

areas). Each of these 15 Statistical Areas on the NB is still classified as Band 1.

Table 5. Ranking Scale of LGAs for Local Impact Statement purposes

3.2. Gambling Harms

There are ample studies and data available outlining the prevalence of EGMs, their

associated harms and proposed solutions, much of it instigated by the Federal or NSW

Government. In particular, the 2010 Australian Government Productivity Commission

Report on Gambling and the NSW Government 2014 Upper House Select Committee

Inquiry on the Impact of Gambling.

Australian Government Productivity Commission Report 2010

In 2010, the Australian Government Productivity Commission produced a report on

Australia's gambling industries finding that EGM gambling poses significant risks compared

to other types of gambling. Some of the key findings from this landmark report are:

• EGM gambling accounts for 62% of overall gambling expenditure in Australia even

though 70-75% of Australian adults do not play EGMs at all.

• Risks of problem gambling increase significantly with the frequency of playing

EGMs.

• Approximately 600,000 Australians (4% of the adult population) play EGMs weekly.

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• Around 80,000 to 160,000 (or 0.5-1.0%) of Australian adults experiencing significant

problems from gambling and a further 250,000 to 350,000 (or 1.4 - 2.1% of adults)

experiencing moderate risks that may make them vulnerable to problem gambling.

• While 15% of regular EGM players have gambling problems, their share of total

spending on machines is estimated to range around 40%.

• Around 75 to 80% of people with gambling problems play EGMs.

• Total recorded expenditure (losses) in Australia reached just over $19 billion in

2008-09, or an average of $1500 per adult who gambled.

• The risks of problem gambling are low for people who only play lotteries and

‘scratchies’, but rise steeply with the frequency of gambling on table games,

wagering and, especially, gaming machines.

• Recreational gamblers typically play at low intensity. But if machines are played at

high intensity, it is easy to lose $1500 or more in an hour.

• The price of playing EGMs is poorly disclosed with gamblers underestimating their

losses.

The report noted that if governments reduced the social costs to problem gamblers through

effective harm minimisation and prevention policies, the net benefits could be much larger.

It also recommended a range of strategies to reduce the harms associated with EGM

gambling. (See Appendix 1)

NSW Select Committee on the Impact of Gambling 2014

A 2014 Upper House inquiry undertaken by the Select Committee, Chaired by Revd The

Hon Fred Nile MLC, on the Impact of Gambling has urged the New South Wales

Government to do more to protect the community from the negative impacts of problem

gambling. The report noted -

‘The state’s problem gambling prevalence rate has trended slightly downward from 0.95 per

cent of the adult population in 2006 to a current figure of 0.8 per cent. The seriousness of

problem gambling should not be underestimated given there are approximately 47,000

people that meet the problem gambling classification. Problem gambling is a serious social

issue given its negative impacts can include depression and anxiety, relationship

breakdown, job loss, homelessness and substance abuse.’ The Inquiry came up with a

further 18 recommendations for the NSW Government. (See Appendix 2)

In the ‘NSW Government response to the ‘Select Committee on the Impact of Gambling’

(Feb 2015) the majority of recommendations are ‘Supported’, ‘Supported (in part)’ or

‘Supported in Principal’. The notable exceptions are reviewing the maximum jackpot prize,

reviewing the maximum betting limit and imposing daily withdrawal limits on ATMs in

premises with EGMs.

It is worth noting that in January 2018 the Minister for Racing, Paul Toole, announced the

reconstituted Responsible Gaming Fund Trust to play a key role for Government to develop

evidence based approaches to prevent and reduce gambling harms.

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At the same time they made public two research reports, carried out by Schottler Consulting

for the NSW Government in March 2017, on ‘Placement of ATM’s’ and ‘Third Party

Exclusion of Problem Gamblers’. These were recommendations contained in previous

reports, so hopefully these moves are an indication that the State Government is willing to

act on previous reports and take action on this subject. Effective lobbying may expedite the

speed at which many of these recommendations are implemented and encourage a review

of the Recommendations previously ‘Not Supported’, especially relating to jackpot size,

betting limits and limits to ATM withdrawals.

Gaming Machines Amendment (Leasing and Assessment) Act 2018 No 9

In March 2018 a range of amendments to EMG management were passed through NSW

Parliament under the Gaming Machines Amendment (Leasing and Assessment) Act 2018

No 9. Due to the timing of this report further investigation of these changes may be

warranted, but on initial investigation they mainly apply to:

Schedule 1 Amendment of Gaming Machines Act 2001 No 127 relating to Local Impact

Assessment -

• Caps on gaming machine entitlements in Band 3 High Risk areas, specifically in

western Sydney areas, such as Fairfield.

• Exceptions for transfers of country hotel gaming machine entitlements.

• Classification of local statistical areas. Replacing the previous reference to Local

Government Area (LGA) with Local Statistical Area (LSA). LSA refers to Statistical Area

Level 2 under the Australian Statistical Geography Standard published by the Australian

Bureau of Statistics. For the Northern Beaches this means that when assessing

transfers of EGMs the NBC area won’t be viewed as a single entity but as numerous

grouped suburbs, e.g. Narrabeen/Collaroy, Freshwater/Brookvale. In some

circumstances this may have allowed Council to comment through a Local Impact

Assessment, as previously a LIA usually did not apply if EGMs were moved within the

same LGA, although this still does not apply if the LSA’s are adjacent to each other and

have a similar Band Ranking. New information on the Liquor & Gaming NSW website

indicates that all LSAs on the Northern Beaches are rated as Band 1 Low Risk, and as

such a LIA is still unlikely to be required for internal transfers.

• Community benefit requirement—payment of money to Responsible Gambling Fund –

sets out how funds are to be collected and distributed for community benefit by the

Clubs and Responsible Gambling Fund.

• Guidelines for threshold increase applications. Sets out conditions on how the Authority

will assess positive contribution when assessing a threshold increase application.

• Limited period for acquiring gaming machine entitlements. Sets out time periods for

threshold increase approvals to be enacted.

• Special provision relating to de-amalgamated clubs. Set out conditions for de-

amalgamating clubs.

Schedule 2 - Amendment of Gaming Machines Act 2001 No 127 relating to leasing of

gaming machine entitlements.

• Sets out conditions for EGMs to be leased between clubs and hotels.

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Schedule 3 - Amendment of Gaming Machines Act 2010

• Threshold increase applications—consultation requirements. Substitute LSA for LGA,

and sets terms and conditions for community consultation, and the timeframes to deal

with these applications.

Schedule 4 - Amendment of Casino Control Act 1992 No 15

• Responsible gambling levy and fund. Sets out conditions for the payment and

expenditure from this fund.

The real impact of these amendments is yet to be experienced, as they will not be enacted

until early April 2018.

https://www.legislation.nsw.gov.au/#/view/act/2018/9/sec2

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4. Gambling and Poker Machine (EGMs) Harm Management Strategy

Taking into account the role and impact of local government on EGMs a number of

strategies for the minimisation of harms from gambling on the Northern Beaches are

recommended.

4.1. Advocacy and Lobbying

Discussion

Council can lobby local MP’s, the Minister for Racing and other politicians as a single entity,

or more effectively, through Local Government NSW (LGNSW), the peak industry

association representing the interests of NSW councils. Several local councils in Victoria

have been developing EGM strategies, which has been supported by their peak body, the

Victorian Local Governance Association.

There is sufficient data and reports on the harms of EGMs and possible solutions or

minimisation strategies, e.g. Australian Government Productivity Commission Report on

Gambling 2010 and the NSW Select Committee on the Impact of Gambling 2014. It would

be effective to lobby government to act on those reports, or to expedite the rate at which

these recommendations are being introduced.

Section 209 of the Gaming Machines Act 2001 (with Gaming Machines Amendment Act

2008) prevents gambling from being considered in social and economic assessments

undertaken according to the Environmental Planning & Assessment Act 1979 as part of the

determination of applications for development. Restriction or reference to gambling cannot

be included in local environment plans, planning proposals or planning schemes. Most

importantly, Council cannot place conditions of consent on developments that prohibit or

restrict electronic gambling machines. This severely limits the power of council’s to limit the

number and associated harms to the local community from EGMs.

Additionally, in NSW, to obtain comprehensive data on EGMs from Liquor and Gaming

NSW involves the submission of a Gaming Machine Data Request with a payment ranging

from $100 to $1,900. Data of a similar kind in Victoria is provided free of charge on a

month-to-month basis and listing the amounts lost at each venue. Improving transparency

on reporting is a public health issue and efforts should be taken to increase transparency of

the gambling industry to require regular venue-by-venue reporting of community losses to

poker machines and making this freely available to the public.

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Actions –

1. That Council continue to lobby State and Federal Ministers to minimise EGM and other gambling harms.

2. That LGNSW be approached to lead research and lobbying efforts to minimise the number and associated community harms of EGMs in NSW. This should consider;

a) The NSW Government fully implement the recommendations of the 2010 Australian Government Productivity Commission Report on Gambling.

b) The NSW Government fully implement the recommendations of the 2014 Upper House Select Committee Inquiry on the Impact of Gambling.

c) The State Government provide comprehensive, venue based, monthly data

on EGMs usage and losses on the Department of Liquor and Gaming NSW website, free of charge, as it is in Victoria.

4.2. Local Impact Assessments

Discussion

The Local Impact Assessment (LIA) considers the impact to communities of an increase in gaming machines. The LIA process is overseen by Liquor and Gaming NSW and ensures local councils, police and residents have a say in what happens in their community when an organisation wants to introduce more EGMs into an area or when a hotel or club changes location.

However, a LIA is not required when organisations apply for transfer of gaming machine entitlements or permits:

a) within the same Local Government Area (LGA); or

b) if the venue is located in a Band 1 LGA and, if the application is approved, the total threshold increase for the venue in the past 12 months would not exceed 20.

Therefore, if a venue wants to move EGMs from one venue to another within the Northern Beaches LGA, or transfer in additional ones by less than 20 machines per annum, there would be no opportunity for Council to comment, as NBC is a Band 1 LGA.

Council should consider each Local Impact Assessment for additional EGMs on its merits, including the potential individual and community harms it may cause. Note that a document search of Council’s records has not revealed any LIA request to Council, or previous Councils, for at least the past 4 years, so they are not very common in this region.

Action –

3. Council considers each request for increased EGMs coming via Liquor and Gaming NSW through a Local Impact Assessment on its merits, including the potential individual and community harms it may cause.

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4.3. Community Education

Discussion

Council can play a role in promotion and advertising around the harms caused by gambling

and services available to people who are experiencing problems with their gambling. This

can be through provision of brochures and flyers at libraries, community centres and

customer service outlets, web content, as well as active promotion through presentations

and seminars etc.

Action –

4. Council provides community information on the harms of gambling and services available to those effected.

4.4. ClubGrants

Discussion

ClubGRANTS is designed to ensure that larger registered clubs in NSW contribute to the

provision of front-line services to their local communities; and to ensure that the

disadvantaged in the community are better positioned to benefit from the substantial

contributions made by those clubs. ClubGRANTS also facilitates contributions by larger

clubs towards infrastructure to support sporting, health and community activities.

This is achieved through the Gaming Machine Tax Act 2001, which is a tax rebate made

available to registered clubs of up to 1.85% of a club’s gaming machine profits over

$1 million during a tax year.

Under the Act, a further 0.4% of a club’s gaming machine profits over $1 million during a tax

year is paid into the ClubGrants Fund on behalf of the club to be used for large scale

projects or services associated with sport, health or community infrastructure across the

State. Funding preference is not given to projects or services that can be readily assisted

by an existing Government funding program.

Northern Beaches Council staff currently assist in the facilitation of the Northern Beaches

ClubGrants Program, in partnership with the local clubs.

Action –

5. That Council continue as a key member of the Northern Beaches ClubGrants

Committee, working with local Clubs to ensure fair and equitable distribution of

funds to a range of community organisations.

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4.5. Community Leadership

Discussion

Northern Beaches Council can demonstrate community leadership through not allowing

gambling related advertising or promotion on its buildings (similar to bans on alcohol and

tobacco advertising). This will impact assets such as Brookvale Oval which currently has

naming rights by a gambling entity, organised by a third party.

Council might also consider restricting or placing a ban on gambling/EGMs on any of its

properties which are being leased to other organisations, through conditions in the lease

when they are new or up for renewal. This may have severe financial and social

implications for leases where sporting clubs (golf, bowls, football etc) rely on EGM income

as part of their operational revenue stream. Restrictions may make some of these clubs

non-viable, impacting on their community, social and sporting activities. It may also restrict

the financial viability of organisations applying to lease and build new premises, such as at

District Park. Placing these lease conditions on Council owned land may also be tested in

the courts in the future.

Actions -

6. Council explore the option to ban the future advertising of gambling on its buildings and properties and in any form of sponsorship. This does not include general promotions for clubs, ClubGrants and hotels, or their other services and activities.

7. Council assess the potential harms from gambling when applying or renewing leases on Council property, and where suitable implement appropriate clauses to the lease to restrict EGMs.

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5. Appendices

5.1. Appendix 1 - Australian Government Productivity Commission Report 2010

Recommendations:

Game features and machine designs -

• The amount of cash that players can feed into machines at any one time should

be limited to $20 (currently up to $10 000).

• All new EGMs are played at a maximum of $1 per button push.

Pre-commitment strategies -

• Full pre-commitment system for gaming machines by 2016 including 'safe' default

settings with players able to choose other limits (including no limit).

• Modifications to self-exclusion arrangements including capacity for family

members and venue staff to apply for third party exclusions.

Information and advertising -

• Electronic warnings when style of play indicates potential for harm.

• Users informed about the cost of play.

Access to cash and credit -

• Relocating ATMs away from gaming floors.

• Limiting cash withdrawal limit to $250 a day not including casinos.

Accessibility of gaming machines -

• Shutdown periods for gaming in hotels and clubs should commence earlier and

be of longer duration.

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5.2. Appendix 2 - NSW Select Committee on the Impact of Gambling 2014

Summary of Recommendations

Recommendation 1

That the NSW Government ensure that the electronic gaming machine Local Impact

Assessment process is independently reviewed with objectives that include: • Identifying

mechanisms to stop the concentrations of poker machines in neighbourhoods and clubs

where they will create greater harm • Examining the number of entitlements in all local

government areas with above average frequencies of problem gambling. Should the review

conclude that the process does not adequately assess the appropriateness of additional

gaming machines in venues then the approval process should be reformed. In the interim,

the NSW Government should give consideration to a freeze on the transfer of entitlements

between venues and the creation of any new entitlements.

Recommendation 2

That the NSW Government publish its response to the findings of the Gambling Research

Australia investigation into the relationship between gaming machine design features and

gambling harms, and take whatever action is required.

Recommendation 3

That the NSW Government review the maximum jackpot prize for electronic gaming

machines in the New South Wales Jackpot Technical Standard.

Recommendation 4

That the NSW Government review the maximum bet limit for electronic gaming machines in

New South Wales in the Australian and New Zealand Gaming Machine National Standard.

Recommendation 5

That the NSW Government investigate third-party exclusion with a view to implementing a

scheme in the state’s clubs and hotels by 2017 at the latest. In conducting its investigations

the Government should consult with industry, healthcare professionals, gambling

researchers and other relevant stakeholders.

Recommendation 6

That the NSW Government review the Gaming Machines Regulation 2010 (NSW) to

provide that a daily cash withdrawal limit applies to automatic teller machines in venues

with electronic gaming machines.

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Recommendation 7

That the NSW Government amend section of 32 of the Gaming Machines Regulation 2010

(NSW) to specify an appropriate distance between automatic teller machines and electronic

gaming machines.

Recommendation 8

That the NSW Government work with the Australian Government to develop mechanisms

that restrict short-term credit being made available through automatic teller machines in

electronic gaming machine venues.

Recommendation 9

That the NSW Government approach the Australian Government to request that a set of

standards be established for online wagering websites and that the Interactive Gambling

Act 2001 (Cth) be amended to prohibit financial institutions from processing transactions to

noncompliant online offshore wagering websites.

Recommendation 10

That the NSW Government review Gambling Research Australia’s report into the impact of

wagering advertising on young people when it is published in 2015. If a link between

wagering advertising and problem gambling is found, then the NSW Government should

approach the Australian Government to request that the national broadcasting codes of

practice further restrict betting odds promotions and gambling advertising during live sports

broadcasts.

Recommendation 11

That the NSW Government launch an awareness campaign specific to the risks of online

gaming. The awareness campaign should focus on improving consumer knowledge about

the risks they face accessing offshore online gaming websites. The campaign should also

be delivered in different languages targeting a broad spectrum of communities.

Recommendation 12

That the NSW Government ensure that the Duty and Responsible Gambling Levy

Agreement for the Barangaroo Restricted Gaming Facility is used to support the work of the

Responsible Gambling Fund. If in future other large gambling facilities are approved, then

these should also be subject to a levy to support the Responsible Gambling Fund.

Recommendation 13

That the NSW Government review the adequacy of funds committed to the Responsible

Gambling Fund to ensure that it is appropriately resourced to deliver in different languages

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an awareness campaign that promotes the courage required to admit to a gambling

problem and to seek treatment.

Recommendation 14

That NSW Health review its patient screening protocols to ensure that patients with

gambling problems are identified and referred to specialist gambling treatment services.

Recommendation 15

That the NSW Government investigate the models of both the Australian Capital Territory

and New Zealand that require venues to intervene to assist problem gamblers with a view

to implementing such a scheme in New South Wales.

Recommendation 16

That the NSW Government, via the Council of Australian Government’s Select Council on

Gambling Reform, work to secure funding for Gambling Research Australia.

Recommendation 17

That if the NSW Government is unsuccessful in securing an ongoing national role for

Gambling Research Australia beyond 2014, then the government should develop alternate

models for the provision of publically funded gambling research in New South Wales.

Recommendation 18

That the NSW Government support school education programs that promote healthy

lifestyle choices. The Government should:

• Investigate the approaches of other Australian State Governments in seeking to

protect young people from the risks associated with gambling via school-based

gambling education.

• Examine whether its school-based gambling education programs are appropriate

and achieving the desired outcomes.

These findings should form the basis from which to determine whether school-based

gambling education programs need to be expanded in New South Wales.

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6. References

Browne, M, Langham, E, Rawat, V, Greer, N, Li, E, Rose, J, Rockloff, M, Donaldson, P,

Thorne, H, Goodwin, B, Bryden, G & Best, T (2016) Assessing gambling-related harm in

Victoria: a public health perspective, Victorian Responsible Gambling Foundation,

Melbourne.

City of Boroondara (2013) Responsible Gambling Policy 2013 - 2018

City of Casey (2015) Draft Electronic Gaming Machines Strategy 2015 - 2020

City of Kingston (2014) Gambling Policy and Action Plan 2014 - 2019

City of Whittlesea (2014) Gambling Strategy and Action Plan 2014 - 2024

Dowling, N. A., Ewin, C., Youssef, G. J., Thomas, S. A., & Jackson, A. C. Problem

gambling and family violence: Findings from a population representative community study.

Manuscript in preparation.

Gambling Research Australia, Problem Gambling and Harm: Towards a National Definition,

GRA, Melbourne, 2005, p.1.

Legislative Council Select Committee on the Impact of Gambling 2014.

Chair - Reverend the Hon. Fred Nile (CDP, LC Member)

www.parliament.nsw.gov.au/committees/listofcommittees/Pages/committee-

details.aspx?pk=184#tab-members

Liberal Party of Australia, The Coalition's Policy to Help Problem Gamblers, August 2013.

Livingstone, Rintoul & Francis (2014) What is the evidence for harm minimisation measures

in gambling venues? Evidence Base, issue 2, School of Public Health and Preventive

Medicine, Monash University

Local Government Area Classifications June 2017, Independent Liquor & Gaming Authority

Markham, F, Doran, B & Young, M 2016, ‘The relationship between electronic gaming

machine accessibility and police-recorded domestic violence: a spatio-temporal analysis of

654 postcodes in Victoria, Australia, 2005–2014’, Social Science & Medicine, vol. 162, pp.

106–14.

McDuling, J. (2015, Sep 3). Australia's gambling obsession in one depressing chart.

Retrieved Dec 29, 2015, from Sydney Morning Herald:

http://www.smh.com.au/business/the-economy/australias-gambling-obsession-in-one-

depressing-chart-20150902-gjd2w1.html

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Nillumbik Shire Council (2016) Gambling Harm Minimisation Policy 2016 – 2021

NSW Government Legislation - Gaming Machines Amendment (Leasing and Assessment)

Act 2018 No 9

https://www.legislation.nsw.gov.au/#/view/act/2018/9/sec2

NSW Government response to the ‘Select Committee on the Impact of Gambling

(Feb 2015)

https://www.parliament.nsw.gov.au/committees/DBAssets/InquiryReport/GovernmentRespo

nse/5487/150416%20Government%20%20Response%20-%20Gambling.pdf

Productivity Commission. Gambling. Productivity Commission Inquiry Report vol. 1, no. 50.

Canberra: Productivity Commission, 2010

https://theconversation.com/three-charts-on-australias-addiction-to-poker-machines-78353,

cited on 8 January 2018.

Warringah Council - New Instruction L7850 - Granting of Lease & Gaming Machines –2015

Legal Advice in confidence.